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HomeMy WebLinkAboutOrd 34-08 Rezn The Green Park PlORDINANCE NO. 34 - 08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DUBLIN AMENDING THE ZONING MAP TO REZONE PROPERTY TO THE PD -PLANNED DEVELOPMENT ZONING DISTRICT AND APPROVING A RELATED STAGE 2 DEVELOPMENT PLAN FOR THE GREEN ON PARK PLACE RETAIL CENTER PA 07-019 The Dublin City Council does ordain as follows: SECTION 1: Findings A. Pursuant to Section 8.32.070 of the Dublin Municipal Code, the City Council fmds as follows: 1. The Green on Park Place Retail Center ("the Project") PD-Planned Development zoning meets the purpose and intent of Chapter 8.32 in that it provides a comprehensive development plan that creates a desirable use of land that is sensitive to surrounding land uses by virtue of the layout and design of the site plan, and uses creative design and a mix of complementary uses to establish the project as a focal point for the area. 2. Development of The Green on Park Place Retail Center under the PD-Planned Development zoning will be harmonious and compatible with existing and future development in the surrounding area in that the retail use of the site would utilize the close proximity of I-580 freeway. The land uses and site plan provide effective transitions to the surrounding development of campus office, retail and the I-580 freeway. B. Pursuant to Sections 8.120.OSO.A and B of the Dublin Municipal Code, the City Council finds as follows: 1. The proposed PD-Planned Development zoning for The Green on Park Place Retail Center will be harmonious and compatible with existing and potential development in the surrounding area in that the retail use of the site would utilize the close proximity of I-580 freeway. The land uses and site plan provide effective transitions to the surrounding development including adjacent campus office buildings, I-580 freeway, and retail uses. 2. The project site is a relatively flat, infill site, with existing. infrastructure (including roads, sewer, storm drain, potable and recycled water, natural gas, and electricity) located immediately adjacent to the site with no major or unusual physical or topographic constraints and thus is physically suitable for the type and intensity of the proposed PD-Planned Development district. 3. The proposed PD-Planned Development zoning will not adversely affect the health or safety of persons residing or working in the vicinity, or be detrimental to the public health, safety and welfare in that the project will comply with all applicable development regulations and standards and will implement all adopted mitigation measures. Ord No. 34-08, Adopted 8/19/08, Item 4.2 Page 1 of 7 4. The PD-Planned Development zoning is consistent with the Dublin General Plan and Eastern Dublin Specific Plan in that the retail center is consistent with the General Commercial land use designation for the site. C. Pursuant to the California Environmental Quality Act, the City Council adopted an Addendum to the Eastern Dublin EIR and the Ikea Project Supplemental EIR and certified that it reviewed and considered the previously-certified EIR and SEIR in Resolution 184-07 on October 2, 2007, prior to approving the Stage 1 Development Plan/Planned Development Zoning District for the Project. SECTION 2: Pursuant to Chapter 8.32, Title 8 of the City of Dublin Municipal Code the City of Dublin Zoning Map is amended to rezone the property described below to a Planned Development Zoning District: 27.45 acres generally located south of the future roadway know as Martinelli Way, east of Arnold Road, north of I-580, and west of Hacienda Drive, including APNs 986-0033-002 and 986-0033- 003. ("the Property"). A map of the rezoning area is shown below: a ~ 0 0 a 0 o o z Q DUBLIN BLVD. SITE MARTINELLI WAY. The Green on /J Park Place (~ 80 v < Vicinity Map SECTION 3. The regulations for the use, development, improvement, and maintenance of the Property are set forth in the following Stage 2 Development Plan for the Project area, which is hereby approved. Any amendments to the Stage 2 Development Plan shall be in accordance with section 8.32.080 of the Dublin Municipal Code or its successors. Stage 2 Development Plan for The Green on Park Place Retail Center This is a Stage 2 Development Plan pursuant to Chapter 8.32 of the Dublin Zoning Ordinance. This Development Plan meets all the requirements for a Stage 2 Development Plan and is adopted as part of the PD-Planned Development rezoning for The Green on Park Place Retail Center, PA 07-019. The Stage 2 Development Plan consists of the items and plans identified below, many of which are contained Ord No. 34-08, Adopted 8/19/08, Item 4.2 Page 2 of 7 in the application materials on file with the City in PA 07-019, incorporated herein by reference and available for review. at the Dublin City Hall. The PD-Planned Development District and this Stage 2 Development Plan provides flexibility to encourage innovative development while ensuring that the goals, policies, and action programs of the General Plan, Eastern Dublin Specific Plan, and provisions of Chapter 8.32 of the Zoning Ordinance are satisfied. 1. Statement of Compatibility with Stage 1 Development Plan. The Stage 2 Development Plan is consistent with the Stage 1 Development Plan, which was approved by the Dublin City Council on November 6, 2007 (City Council Ordinance 22-07). This Stage 2 Development Plan refines the nature and extent of commercial uses identified in the Stage 1 Development Plan. These revisions are minor and maintain the intent, character, and integrity of the project and are consistent with the Stage 1 Development Plan. 2. Statement of Uses. Permitted Uses: General outdoor seating areas (plaza seating areas, benches, chairs, cafe tables) not dedicated to a specific user are permitted throughout the project area in any location. Retail uses including the following: • Home Furnishings Store • Clothing/Fashion Store. • Office Supply Store. • Home Appliance/Electronics Store. • Hardware Store. • Gifts/Specialty Store. • Jewelry and Cosmetic Store. • Book Store. • Sporting Goods Store. • Grocery Store • Other retail establishments similar to the foregoing Office and service establishments including the following: • Financial Services, Bank, Savings and Loan. • Real Estate/Title Office. • Travel Agent. • Legal. • Accounting. • Medical, Dental. • Optometrist. • Architect. • Employment Agency. • HairBeauty Salon. • Dry Cleaners. • Formal Wear/Rental. • Other Administrative and Professional Office. Ord No. 34-08, Adopted 8/19/08, Item 4.2 Page 3 of 7 • Technology Access Center. • Video Rentals. • Commercial School. Eating, drinking and entertainment establishments including the following: • Eating and Drinking Establishments up to a total of 35,000 square feet, including the following: o Full-service, sit down restaurant o Quick-service/high turnover restaurant o Micro-Brewery or other Specialty Food establishment • Eating and Drinking Establishments -sit down or take away, with no table service, including such uses as a coffee house, delicatessen, bakery, ice cream shop, smoothie shop, sandwich shop, or other uses determined as to be similar by the Community Development Director and the City Traffic Engineer. These uses typically have a retail component to the business and are permitted throughout the project in any location. These uses are considered retail uses and are not included in the 35,000 square foot restaurant maximum. • Stand-alone Outdoor Drinking/Dining Area (not associated with a restaurant) with On-Sale Liquor License subject to Site Development Review Waiver.. Stand-alone Outdoor Drinking/Dining Area is defimed as a tenant and/or use that is stand-alone (not supplemental to an indoor restaurant) and where all or a majority of the seating space is outside. Examples include a wine or liquor bar. • Outdoor Dining Areas (supplemental to an existing indoor restaurant) subject to Site Development Review Waiver. Outdoor Dining Area is defined as a controlled outdoor dining space (not enclosed in a building, but enclosed with a fence or barrier), which is supplemental to an indoor restaurant and dedicated to the use of a single tenant or tenants. Conditional Uses: Community, Religious and Charitable Institutional Facilities. Public Facilities and Uses. Veterinary Office. Recycling Center. Permanent outdoor retail sales not associated with an existing business. Dance Floor Prohibited Uses: Drive through facilities 3. Stage 2 Site Plan. Sheet A1.01 of the Project Plans, prepared by BCV Architects, and dated received 7/8/08. (Attached to this Ordinance as Exhibit A) 4. Site Area, Proposed Densities, and Development Regulations. Gross area of site: 27.45 acres Net area of site: 27.45 acres Maximum Building Heights: Up to two stories. 55' to top of roof parapet Signage Pursuant to an approved Master Sign Program Minimum Lot Size 25,000 square feet Ord No. 34-08, Adopted 8/19/08, Item 4.2 Page 4 of 7 Maximum lot coverage 35% Maximum Building Area 305,000 square feet (may be increased to 327,400 square feet) (includes 270,000 square feet retail with ancillary office uses, up to 35,000 square feet restaurant) Notes: For each one square foot of allowed restaurant square footage that is used for retail instead, 2.12 square feet of retail square footage is permitted. However, the project shall contain no less than 15,000 square feet of restaurant area. Conversely, for each square foot of restaurant space above 35,000 square feet that is developed, 2.12 square feet of retail square footage shall be removed from the 270,000 square foot retail area. The project shall contain no more than 45,000 square feet of restaurant uses. Maximum building area is approved as shown on Sheet A1.01 of the Project Plans (not individual building floor plans). Square footage for the enclosed trash rooms, movable kiosks, building electrical rooms, or enclosed loading/delivery areas shall not be counted toward the maximum building area. Small, movable retail kiosks are permitted in the project's common areas and are not included in the maximum building area square footage as they are not fixed buildings. A total often (10) kiosks are permitted at the project site. Maximum Floor Area Ratio .26 Floor Area Ratio (may be increased to .27 FAR as provided below) Note: .26 FAR with site plan and building configuration shown on the site plan (Sheet A1.01), however for each one square foot of restaurant square footage that is used for retail instead, 2.12 square feet of retail square footage is permitted, which would increase the FAR to a maximum of .27 Maximum Outdoor Dining Area Outdoor Dining Areas are permitted on site with a Site Development Review Waiver. For each square foot of Outdoor Dining Area permitted through SDR Waiver, one-half square foot of restaurant building square footage shall be removed from the total permitted project square footage. For each square foot of Stand-alone Outdoor Drinking/Dining Area permitted through SDR Waiver, an equal amount (1 SF) of restaurant building square footage shall be removed from the total permitted project square footage. Any outdoor seating/dining area associated with a single grocery tenant in Building 500 may be permitted through a Site Development Review Waiver and is not subject to these square footage restrictions. Parking Stall Dimensions Standards Per Chapter 8.76 Off-Street Parking And Loading Regulations of the Dublin Zoning Ordinance Minimum Building- Property Line / 20' at I-580, Hacienda Drive and Amold Road. Access Easement Setback 0' on Martinelli Way. Minimum Pkng- Prop. Line Setback 5' from property line at public streets and Cal Trans right of way (I-580) Ord No. 34-08, Adopted 8/19/08, Item 4.2 Page 5 of 7 Parking Spaces Required.• Retail: 1 space per 300 SF (includes such food uses as sit down or take away, with no table service, including a coffee house, delicatessen, bakery, ice cream shop, smoothie shop, sandwich shop, or others determined to be similar) Restaurant: 1 space per 100 SF Outdoor Dining Area (supplemental to an indoor restaurant): 1,250 spaces minimum, based on the following uses: 270,000 SF = 900 spaces 35,000 SF = 350 spaces 1 space per 200 SF Stand-alone Outdoor 1 space per 100 SF Drinking/dining Area (not supplemental to an indoor restaurant): Notes: If an office use (not incidental to a retail or restaurant use) or a fmancial service use is established in the Project, additional parking shall be provided at the rates noted below. Office 1 space per 250 SF Bank or Financial Services 1 space per 150 SF If any other permitted uses are established that have different parking requirements per Chapter 8.76 of the Dublin Zoning Ordinance, parking shall be provided accordingly. The small, movable retail kiosks located in the project's common areas are not required to provide additional parking. Any outdoor seating/dining area associated with a single grocery tenant in Building 500 is not required to provide additional parking. 5. Architectural Standards. The architectural design of the project shall reflect the following standards as illustrated in the Project Plans (attached to this Ordinance as Exhibit A), subject to Site Development Review approval by the City Council. The architectural design shall: ^ Employ a variety of materials, textures and colors to provide visual interest in the project and to complement its surroundings. ^ Use diversity of colors and textures in the concrete tilt panels to provide a varied and interesting base form for the buildings. ^ For Green-oriented buildings, incorporate features such as different wall planes, heights, wall textures, roof elements, storefront designs, awnings, canopies, trellises, base treatments, blade signs, light fixtures and landscaping to contribute layers of detail at the pedestrian level. ^ Outlying pad buildings may be more uniform in appearance, with a clean, squared-off look with substantial metal and wood accent and roof elements. Ord No. 34-08, Adopted 8/19/08, Item 4.2 Page 6 of 7 ^ The Green shall provide amulti-functional outdoor space where people will gather and socialize, with landscaping, pavilions with outdoor seating, enhanced paving treatment, water features,. and other features to provide an appropriate urban scale for the center. 6. Phasing Plan. The project site will be graded, improved, and constructed as a whole, .but will be broken up into different building permit submittals. 7. Preliminary Landscape Plans. Sheets L-1 through L-9, inclusive, of the Project Plans (attached to this Ordinance as Exhibit A). 8. Applicable Requirements of Dublin Zoning Ordinance. Except as specifically provided in this Stage 2 Development Plan, the use, development, improvement and maintenance of the Property shall be governed by the C-2 (General Commercial Zoning District) provisions of the Dublin Zoning Ordinance pursuant to Section 8.32.060.C. No development shall occur on this property until a Site Development Review permit has been approved for the property. 9. Compliance with adopted mitigation measures. The Applicant/Developer shall comply with all applicable action programs and mitigation measures of the Eastern Dublin Specific Plan and General Plan Amendment EIR and the Ikea Project Supplemental EIR. SECTION 4. The City Clerk of the City of Dublin shall cause this Ordinance to be posted in at least three (3) public places in the City of Dublin in accordance with Section 36933 of the Government Code of the State of California. SECTION 5. This ordinance shall take effect and be enforced thirty (30) days from and after its passage. PASSED, APPROVED AND ADOPTED this 19th day of August, 2008, by the following vote: AYES: Councilmembers Hildenbrand, Oravetz, Sbranti, and Scholz and Mayor Lockhart NOES: None ABSENT: None ABSTAIN: None ATTE~T: City Clerk Ord No. 34-08, Adopted 8/19/08, Item 4.2 Page 7 of 7